Legal Opinion

Thomasville Live Stock Co. v. Burney

Court of Appeals of Georgia

Decided April 5, 1917No. 7906PublishedCited by 2 opinions

Money rule; from city court of Thomasville—Judge W. H. Hammond. September 30, 1916. The motion to dismiss the writ of error was on the following grounds: (1) “As to the plaintiff in error, Thomasville Live Stock Company, the only exception taken, to the final judgment is that it is erroneous in that the judgment of the Thomasville Live Stock Company, under which sale was made, being on notes secured by mortgage recorded prior to the judgment of Burney, was entitled to the…

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Money rule; from city court of Thomasville—Judge W. H. Hammond. September 30, 1916. The motion to dismiss the writ of error was on the following grounds: (1) “As to the plaintiff in error, Thomasville Live Stock Company, the only exception taken, to the final judgment is that it is erroneous in that the judgment of the Thomasville Live Stock Company, under which sale was made, being on notes secured by mortgage recorded prior to the judgment of Burney, was entitled to the fund in preference to Burney’s judgment. This is not a sufficient assignment of error to the ■ judgment, although error is…

1Opinion of the CourtBloodwokth, J.

1. The motion to dismiss the bill of exceptions in this case is denied, because: (a) The fund for distribution was raised by the levy of the execution of the plaintiff in error, and the rule and notice thereof served by the sheriff on the plaintiff in error made him a party. Civil Code (1910), § 5348; Crawford v. Williams, 76 Ga. 792; Morrison v. Ponder, 45 Ga. 167 (3) ; Mattox v. Barry, 136 Ga. 183 (2), 186 (71 S. E. 155); DeVaughn v. Byrom, 110 Ga. 904 (1), 906 (36 S. E. 267); Orr v. Webb, 112 Ga. 806 (38 S. E. 98). (6) The case having been passed upon by the judge without the intervention…

2Cases cited11 opinions

  1. Orr v. WebbSupreme Court of Georgia · 1901
  2. Berrie v. SmithSupreme Court of Georgia · 1896
  3. Devaughn v. ByromSupreme Court of Georgia · 1900
  4. National Bank v. Exchange BankSupreme Court of Georgia · 1900
  5. Gleason v. Traynham & RaySupreme Court of Georgia · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. General Finance & Thrift Corp. v. Bank of WrightsvilleCourt of Appeals of Georgia · 1955
  2. General Finance & Thrift Corp. v. Bank of WrightsvilleCourt of Appeals of Georgia · 1957

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